Taneytown City Zoning Code
ARTICLE III
Nonconforming Lots, Uses, Structures and Premises
§ 205-6 Intent.
A.
If within the districts established by this chapter or subsequent amendment there exist certain nonconformities which were lawful before this chapter was adopted or amended but which would be prohibited, regulated or restricted under the terms of this chapter, it is the intent of this chapter to permit these nonconformities to continue until they are removed but not to encourage their survival.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently.
C.
All dwellings which were existing at the time this chapter was adopted or amended, no matter in what zoning district they are located, shall be considered a permitted use in that district.
§ 205-7 Nonconforming lots of record.
[Amended 3-8-1993 by Ord. No. 2-93]
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though the lot fails to meet the requirements for lot area or lot width that are generally applicable in the district, provided that yard, height and all other requirements shall conform to the regulations for the district in which the lot is located. No portion of said parcel shall be used or transferred in any manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this chapter.
§ 205-8 Nonconforming use of land.
If at the time of adoption of this chapter a lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where the use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged in either area of land occupied or scope of use provided on the effective date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that area occupied by the use on the effective date of adoption or amendment of this chapter.
C.
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of the land shall conform to the regulations of the district in which the land is located. The Board of Appeals may, by granting a special exception, extend this time period to 24 consecutive months where a specific case warrants such action.
D.
No additional structure not conforming to the requirements of this chapter shall be erected in connection with any nonconforming use of land.
§ 205-9 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity.
B.
Should any nonconforming structure be moved for any distance whatever, it shall thereafter conform to the regulations for the district in which it is moved.
C.
Any nonconforming structure which has been involuntarily damaged or destroyed may be rebuilt at the same location and occupied for the same use as before the damage, provided that the reconstructed structure shall not be larger than the damaged structure, and the reconstruction shall start within one year from the time of damage to the structure.
§ 205-10 Nonconforming use of a structure or structure and premises in combination.
[Amended 12-12-1983 by Ord. No. 13-83]
If lawful use involving individual structures with a replacement cost of $1,000 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
The Board of Appeals may permit a nonconforming structure or use to expand on its lot subject to the setback regulations of the zoning district, provided that the expansion of a nonconforming structure or use shall be limited to the lot limits which existed on the property in question at the time of adoption of this chapter. In permitting any expansion, the Board may require appropriate conditions and safeguards in accordance with the provisions of this chapter. Any expansion to existing attached dwellings, where considered a nonconforming use or structure:
(1)
Shall not extend to a depth of 14 feet from the original dwelling;
(2)
Shall not exceed one story in height;
(3)
Shall have two side yards with a minimum width of three feet each, except that one side of said expansion may be built along the adjoining attached dwelling unit or the property line of the adjoining attached dwelling unit, provided that a fire wall is constructed along said property line or adjacent dwelling unit;
(4)
Shall be within the boundary of the existing lot; and
(5)
Shall be attached to the rear of the original building only.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter.
C.
If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to any other nonconforming use if the Board of Appeals shall, in granting a special exception, find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use. In permitting this change, the board may require appropriate conditions and safeguards in accord with the provisions of this chapter.
D.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. The Board of Appeals may, by granting a special exception, extend this time period to 24 consecutive months where a specific case warrants such action.
§ 205-11 Repairs and maintenance.
Nothing in this chapter shall prohibit any repairs, maintenance or remodeling of any nonconforming building or structure, provided that such does not make the building or structure more nonconforming in terms of the regulations of this chapter. Further, nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
§ 205-12 Special exception uses.
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through the Board of Appeals action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in that district but shall without further action be considered a conforming use.
§ 205-13 Registration of nonconforming uses and structures.
A.
All nonconforming uses and nonconforming structures in existence on the effective date of this chapter shall be registered by the Zoning Administrator within one year from the effective date. If, by amendment, a use or structure which was lawfully in existence prior to the effective date of said amendment becomes by operation of that amendment a nonconforming use or structure, that nonconforming use or structure shall be registered by the Zoning Administrator within one year from the effective date of the amendment. Any nonconforming use or nonconforming structure not registered within the one-year period shall be deemed to be discontinued at the expiration of the one-year period for the purposes of this chapter.
B.
Registration shall be accomplished by completing a registration statement in such form as the Zoning Administrator may prescribe. It shall contain a description of the existing use and existing structure, a designation of the zoning district and any additional information as may be required by the Zoning Administrator.
C.
Before permitting registration of any nonconforming use or nonconforming structure, the Zoning Administrator may, at his or her discretion, examine or cause to be examined all buildings, structures, signs or land and portions thereof for which the proposed registration statement has been filed.